S.Ejilarassi vs State Rep.By
2022 Latest Caselaw 4261 Mad

                                                                                   Crl.O.P.No.1721 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 04.03.2022

                                                            CORAM :

                      THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                                  Crl.O.P.No.1721 of 2022

                S.Ejilarassi                                                       ... Petitioner

                                                               Versus

                State rep.by
                The Inspector of Police,
                Roshanai Police Station,
                Tindivanam.                                                        ... Respondent


                                  PRAYER: Criminal Original Petition is filed under Section 482 of

                Code of Criminal Procedure, to direct the second respondent to register F.I.R.,

                for the complaint dated 30.11.2021 on the respondent/Police and investigate the

                same in accordance with law.



                                           For Petitioner      : Mr.J.Arokhiaraj

                                           For Respondent      : Mr.A.Gokulakrishnan,
                                                                 Additional Public Prosecutor.




https://www.mhc.tn.gov.in/judis

                1/4
                                                                                   Crl.O.P.No.1721 of 2022

                                                         ORDER

This Criminal Original Petition has been filed seeking a direction to

direct the respondent/Police to register an FIR against the accused person

mentioned in the complaint dated 30.11.2021 given by the petitioner.

2.Heard the learned counsel and perused the materials available on

record.

3.This petition is not maintainable, in view of the Order passed by a

Hon'ble Division Bench of this Court in G.Prabhakaran Vs. The

Superintendent of Police, Thanjavur, reported in (2018) 2 LW Crl 489. The

Hon'ble Supreme Court, in its latest Judgment rendered by a three Judge Bench

in the case of M.Subramaniam Vs. S.Janaki reported in (2020) 5 CTC 464,

after relying upon Sakiri Vasu Case, had categorically held that the High Court

cannot issue any direction for registration of the First Infromation Report (FIR)

in exercise of its jurisdiction under Section 482 of Cr.P.C. The Hon'ble

Supreme Court held that the informant has to necessarily avail of the alternative

remedy provided under Section 154 (3) of Cr.P.C., and Section 156 (3) of

Cr.P.C. Liberty is given to the petitioner to workout her remedy as per the

directions issued by the Hon'ble Division Bench in the order referred supra. https://www.mhc.tn.gov.in/judis

Crl.O.P.No.1721 of 2022

4.This Criminal Original Petition is disposed of accordingly.

04.03.2022 (2/2)

Index :Yes/No Speaking / Non-Speaking order

klt

To

1.The Inspector of Police, Roshanai Police Station, Tindivanam.

2.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.1721 of 2022

A.D.JAGADISH CHANDIRA.,J

klt

Crl.O.P.No.1721 of 2022

04.03.2022 (2/2)

https://www.mhc.tn.gov.in/judis